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Updated: June 14, 2025


But, whether it restored power to the equites or only confirmed them in it, in theory it left the office of judex open to all citizens, for, while it excluded so many citizens that in practice the judicia were closed to all but the equestrian class, it did not assign the office to any one class in particular. Cicero inveighs against Glaucia as a demagogue of the Hyperbolus stamp.

After the conquest of Sicily, Sardinia, and the two Spains, new praetors were appointed to administer justice in the provinces. The praetor held his court in the comitium, wore a robe bordered with purple, sat in a curule chair, and was attended by lictors. The praetor delegated his power to three classes of judges, called respectively judex, arbiter, and recuperator.

From this passage we should be justified in placing the death of Tibullus between the fortieth and fiftieth year of his age, and rather nearer to the latter period; for, otherwise, Horace would scarcely have mentioned him in the manner he does in one of his epistles. Albi, nostrorum sermonum candide judex, Quid nunc te dicam facere in regione Pedana?

The idea of a division of governmental powers is not of recent origin. Aristotle argued that the judges should have no other political power, should not themselves enforce their decisions. In Rome under the Republic there was divided between the pretor and the judex the power to decide controversies. The pretor had other duties, but the judex was confined to the single duty to hear and determine.

With regard to the revenues falling under the second of the rough divisions we have indicated taxes and privileges it is easier to see why differences of opinion should have arisen; for here, especially in matters relating to the collecting of taxes and dues, we are confronted with the names of a large number of lesser officials and subordinates of the judex, some of which are undoubtedly taken from the like officers existing in the old Roman curial system.

Of other duties which caused him to leave the seat of his authority, the only ones we need here consider are his military duties; and with regard to these it will be sufficient to point out that the judex was the leader in war of the vassals and lesser lords, and indeed of all the inhabitants of the judiciaria who were entitled or compelled, by the forms of their tenure, to bear arms.

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